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HomeMy WebLinkAboutItem 06.m Date: Item No. RESOLUTION GRANTING CHARTER CABLE PARTNERS, LLC A FRANCHISE EXTENSION TO DECEMBER 31, 2016 Proposed Action Staff recommends adoption of the following motion: Move to adopt a resolution granting an extension of the current franchise agreement with Charter Cable Partners, LLC until December 31, 2016. Passage of the motion will result in extending the current cable franchise agreement from June 30, 2016 to December 31, 2016. Overview The City of Lakeville continues to be in discussions with Charter Cable Partners, LLC regarding renewal of the cable franchise agreement. Additional time is needed for the City to complete successful renewal negotiations. Primary Issues to Consider • It is to the City’s benefit to continue to keep the current franchise agreement in place until a new agreement is successfully negotiated. Financial Impact: No Budgeted: Y☐ N☐ Source: Related Documents: Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Sue Palm, Communications Manager June 20, 2016 1 2403056v5 CITY OF LAKEVILLE RESOLUTION NO. GRANTING CHARTER CABLE PARTNERS, LLC A FRANCHISE EXTENSION TO DECEMBER 31, 2016 WHEREAS, on or about October 26, 1998, the City of Lakeville, Minnesota (“City”) adopted a Cable Television Franchise Agreement (“Franchise”), which is currently held by Charter Cable Partners, LLC (“Charter”); and WHEREAS, the initial term of the Franchise expired on or about November 1, 2013; and WHEREAS, Charter has requested renewal of the Franchise; and WHEREAS, the City adopted Resolution No. 13-86 on October 7, 2013 extending the term of the Franchise until June 1, 2014; and WHEREAS, Charter executed said Resolution No. 13-86 and agreed to continue complying with the Franchise, as amended by the Resolution; and WHEREAS, the City adopted Resolution No. 14-53 on June 16, 2014 extending the term of the Franchise until October 31, 2014; and WHEREAS, Charter executed said Resolution No. 14-53 and agreed to continue complying with the Franchise, as amended by the Resolution; and WHEREAS, the City adopted Resolution No. 14-92 on October 20, 2014 extending the term of the Franchise until June 1, 2015; and WHEREAS, Charter executed said Resolution No. 14-92 and agreed to continue complying with the Franchise, as amended by the Resolution; and WHEREAS, the City adopted Resolution No. 15-49 on May 4, 2015 extending the term of the Franchise until December 1, 2015; and WHEREAS, Charter executed said Resolution No. 15-49 and agreed to continue complying with the Franchise, as amended by the Resolution; and WHEREAS, the City adopted Resolution No. 15-145 on November 16, 2015 extending the term of the Franchise until June 30, 2016; and 2 2403056v5 WHEREAS, Charter executed said Resolution No. 15-145 and agreed to continue complying with the Franchise, as amended by the Resolution; and WHEREAS, the City and Charter are interested in continuing informal renewal negotiations, and desire to extend the current Franchise term from July 1, 2016 through and including December 31, 2016; and WHEREAS, the City and Charter desire to extend the term of the Franchise to facilitate renewal negotiations under state and federal law; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota: 1. The Franchise is hereby amended by extending the term of the Franchise from July 1, 2016 through and including December 31, 2016. 2. Except as specifically modified hereby, the Franchise shall remain in full force and effect. 3. The City and Charter hereby agree that neither waives any rights either may have under the Franchise or applicable law. 4. This resolution shall become effective upon the occurrence of both of the following conditions: (1) The Resolution being adopted by the Lakeville City Council; and (2) Charter’s acceptance of this resolution. Adopted by the City Council of Lakeville, Minnesota, this 20th day of June, 2016 CITY OF LAKEVILLE, MINNESOTA Mayor Matt Little Charlene Friedges, City Clerk 3 2403056v5 ACCEPTANCE Charter Cable Partners, LLC, hereby acknowledges the City of Lakeville Resolution No. and hereby accepts the terms, provisions and recitals of the Resolution and agrees to be bound by the Franchise to the extent consistent with applicable laws. DATED: ___________________, 2016 Charter Cable Partners, LLC By: Its: Sworn to before me this day of , 2016 Notary Public